PARU DEVI D Vs. V.RAVINDER

JUDGEMENT

(1.) The present civil miscellaneous appeal has been directed against order dtd. 16/8/2016 in W.C.No.9 of 2013 on the file of the Commissioner for Employees' Compensation and Assistant Commissioner of Labour-II (FAC), Hyderabad, (hereinafter referred to as 'the Commissioner'), whereunder, the claim of the appellant herein for grant of compensation of Rs.12,00,000.00 along with interest at 12% per annum for death of her husband Sri Gebaram @ Prabhuram Dewasi (hereinafter referred to as 'deceased') was dismissed. Aggrieved by the same, the present civil miscellaneous appeal is filed at the instance of the applicant before the Commissioner.

(2.) The appellant herein is applicant and respondents herein are opposite parties before the Commissioner. For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Commissioner.

(3.) The brief facts of the case of the applicant are that deceased was workman within the meaning of the Employees' Compensation Act, 1923 (for short 'the Act') and he was working as driver for Tavera car bearing No.AP 13 M 5352, which was owned by opposite party No.1 and insured with opposite party No.2. On 25/1/2013, while the deceased was on duty as a driver of the said vehicle, he was proceeding from Hinganghat towards Nagpur. At about 05:00 AM, when he reached Jamchowk in the limits of Samudrapur Police Station, an unknown trailer, which was coming from Nagpur to Chandrapur driven by its driver in rash and negligent manner in high speed, dashed the vehicle of the deceased. As a result, the deceased sustained grievous injures with multiple fractures and died, during his course of employment as driver. In this regard, Crime No.12 of 2013 was registered with Samudrapur Police Station of Maharastra State.